Terms & Conditions for Pinergy Smart Business

1. Sale and Supply of Electricity

1.1. We will sell and supply electricity to You at the Premises subject to these Conditions until the Agreement is ended by either You or us in accordance with Conditions 10 and 11.

1.2. It is a condition of supply that You have a Connection Agreement and keep to its conditions. Please read the DSO conditions for connecting You to the electricity distribution system, which You can get from the DSO website at www.esb.ie/esbnetworks. If You have taken over the supply to premises that were previously supplied in the name of another customer and You do not have a Connection Agreement for the premises, the DSO will consider that the previous customer’s Maximum Import Capacity and the conditions of the previous customer’s Connection Agreement apply to You. You will not have to enter into a new Connection Agreement Yourself, but You must keep to all the conditions of the previous customer’s Connection Agreement. If You prefer to have a Connection Agreement in Your own name You should contact the DSO at www.esb.ie/esbnetworks.

1.3. All necessary equipment, including the Smart Meter and (where appropriate Meter Display), has been installed; and 1.4. For existing customers this Agreement shall commence on the date of this Agreement. For new customers it shall commence on the date we receive notification from MRSO that You are registered as a customer of Ours.

1.5. You must give us all the information we need about the Premises, and all other details which we ask for to work out what kind of account/Price Plan You need.

1.6. You must provide us with Your contact details e.g. a landline or mobile number and we are allowed to use these details to contact You in relation to Your account.

1.7. All the information You give us must be truthful and accurate. You must tell us about any changes to the information as soon as possible.

1.8. We will do all we can to process an application so that the electricity account is set up by the date You need it, as long as You have met all Our financial and other requirements.

1.9. Characteristics of the supply will be in line with the Connection Agreement and these conditions. You should check Your specific requirements with Your electrical contractor. You are responsible for choosing the appropriate MIC.

1.10. You cannot extend Your supply for someone else to use. We will consider them to be a separate customer.

1.11. We accept no responsibility for the adequacy, safety or other characteristics of Your electrical installation.

1.12. The initial term of this Agreement will last for the period set out in your client agreement letter from the commencement date.

1.13. Each term shall automatically renew for a subsequent period of twelve (12) months unless You give Us a written notice of termination at least thirty (30) days prior to the end date of the current term.

1.14. The expected end date of the current term of this Agreement will be displayed on Your Electricity Bill or Statement.

2. Smart Meter and Meter Display

2.1. The Smart Meter together with the ESBN Meter will govern Your electricity consumption and levy the appropriate Charges for the consumption based on the Tariffs in accordance with Conditions 7 and 8.

2.2. We will perform the Installation Service at the Premises at a time agreed with You and in accordance with Condition 5.

2.3. The Smart Meter and Meter Display unit will at all times remain Our property and You will have no rights or interest in it.

3. Change of Supplier

3.1. We reserve the right to perform a credit check on Your account(s) with Your current supplier at the point of registration should You choose to use us as Your energy supplier.

3.2. You will give us a Meter reading for the Start Date or allow Our installers or the DSO to obtain an actual Meter reading at the Premises. Estimated reads may not be accurate due to the absence of historic usage information, which may impact billing, hence We do not process a change of supplier request based on them.

3.3. Customers will not be charged for changing supplier. (For the avoidance of doubt an exit charge will be applied for early termination of a contract).

3.4. Based on the information You provided Us with, We will contact the DSO and request the change of supplier on Your behalf.

3.5. When Your request to switch is processed, Your current supplier will notify us if You are in arrears for more than levels set for all customers by the Commission for Regulation of Utilities. If we decide not to carry out the switch because of arrears, we will tell you in writing.

3.6. Once the change of supplier is complete, the DSO will advise Us and Your old supplier of the switch completion. You will receive from Us the confirmation of the successful switch and the Onboarding pack with details of Your account. However, You are still liable for the electricity supplied by Your old supplier until the date the switch takes place and so you may receive a final electricity bill or statement from them.

3.7. If You are Our customer and You wish to change to another Energy supplier and You have Arrears greater than the level set by the Regulator, a debt flag will generate on Your account. This debt flag will inform the acquiring supplier that You have Arrears greater than the levels set by the Regulator.

4. Metering and Billing

4.1. The electricity supply will be measured by metering equipment that will be installed and maintained in line with the Connection Agreement and DSO staff, its agents or contractors will read the meters.

4.2. We will provide You with details of Your energy consumption, in the form of Electricity Bills or Statements, free of charge, which will include charges for services that we have agreed to supply to You and will include VAT and any other taxes or charges that may apply.

4.3. If we or You discover that any meter reading has been inaccurate or omitted, or the readings have not been converted into charges correctly, we or You, as the case may be, must pay any money that is due at the date of the next billing period. If, for any reason, the DSO has not been able to get meter readings, we reserve the right to use estimated readings.

4.4 In the event that we mutually agree to utilise a Smart Meter to measure and bill some or all of your electricity consumption, the ESBN meter will be deemed the meter of record and consumption measured by it will be deemed to be the correct consumption in any billing period.

5. Access and Siteworks

5.1. All equipment and installations from the distribution network, up to and including the ESBN Meter belong to the DSO and must be used in accordance with the DSO’s instructions and terms and conditions. We have no responsibility for maintaining the Meter or any metering equipment.

5.2. You agree to be bound by any conditions given to You by the DSO or by us on behalf of the DSO regarding Your electricity supply and any related matters. These are available from their website at www. esb.ie/esbnetworks, by phoning ESB Networks at 1800 372 757 or by email at esbnetworks@esb.ie. Duplicate of above.

5.3. You are responsible at all times for having due care towards the ESBN Meter. You will not interfere or allow any interference with the Meter, whether for repairs or for any other purpose without the DSOs consent, and shall notify the DSO and/or Us promptly of any defect in the Meter or if any alteration or other attention is required.

5.4. You may request the DSO to carry out Siteworks at the premises in accordance with the terms of this Agreement.

5.5. The DSO (and when appropriate we) will inform You of Siteworks cost and payment terms at the time You submit a request for Siteworks.

5.6. We may request that Siteworks be carried out at the Premises such as servicing of the Meter, withdrawal or reinstatement of electricity supply.

5.7. You must allow the DSO’s authorised personnel, agents or contractors entry to the Premises for the purposes of reading, inspecting, withdrawal or reinstatement of supply, or removing the Meter or Meters and for all other purposes in connection with providing electricity. Such entry is to be permitted at all reasonable times and at any time in case of any emergency or network emergency.

6. Security

6.1. If we decide it is required at any time, You may need to provide reasonable Security, which may be in the form of a deposit that we will decide.

6.2. Any Security cover provided to Us which is in the form of a cash deposit will be repaid to You when You close Your account provided all sums due have been paid, or after a certain period (not more than twelve months) provided You have satisfied Our payment terms on a continuous basis, whichever is the earliest.

6.3. You may have to give us certain personal information for credit assessment purposes.

7. Price of Electricity

7.1. Our Price Plans are displayed on Your energy statement or may be obtained by contacting us in accordance with the detail provided in Condition 17.

7.2. We are entitled to change the price of electricity which we have agreed with You. We will inform You in writing or by e-mail  at least 14 days in advance of any change coming into effect. We may also publish the price change in any national daily newspaper and/ or update Our website. Any such notice or advertisement will state the date on which the price change is effective. If the price change communicated by Us is unacceptable to You, You may end the Agreement in accordance with Condition 11.1 (the unvaried Conditions applying during the fourteen (14) days’ notice period) otherwise You will be deemed to have accepted the new price.

7.3. In the event that You have chosen the incorrect Price Plan, We will not be held accountable for this or any charging that has occurred due to Your incorrect selection. Furthermore, where we agree a monthly payment value with You based on detail You have provided to us, You agree to a quarterly adjustment to this value based on Your actual consumption data.

7.4. We reserve the right to move You to Our standard Price Plan if You breach the terms and conditions of Your Price Plan.

7.5. From time to time, we may (at Our sole discretion) offer certain specified categories of customers (which may or may not include You) special Price Plans for a certain period of time to be determined by us.

7.6. The price plan may be varied:

1. A) To reflect any variation in any element of the cost to Us of providing the supply of Energy that are not within Our reasonable control, including but not limited to: a. Any variation in the use of system charges or transportation charges made by the DSO b. There are abnormal or excessive costs incurred in meter reading; c. variation in the cost of energy not within Our reasonable control and, or d. Pass Through Charges
2. B) If any of the registration details of any Point of Supply materially differs from that specified in the contract C) If You add or remove Points of Supply

8. Payment of Accounts

8.1. You must pay us the cost of the electricity consumed at the Premises, or for any consumption which is based on an estimated Meter reading during the billing period (plus VAT), and any other taxes or charges which may be applicable to the Price Plan You have chosen.

8.2. If stipulated in Your Price Plan, You will pay us the agreed value a month in advance of Your consumption unless stated otherwise.

8.3. You must also pay us for any amount or charges which are specified on the statement as other services that we have agreed to provide to You.

8.4. You must pay us for any Siteworks that we or You have requested to be carried out at Your premises and for which we have been charged by the DSO.

8.5. You must pay any sums outstanding according to the specific payment conditions of Your Price Plan. If You pay us by direct debit, we reserve the right to change Our direct debit collection date and value and we may not notify You in advance of doing this.

8.6. All sums due to us under the Agreement must be paid without deduction or set-off. If You do not pay us any sum due under the Agreement You may be liable to pay us interest from the due date at a rate equal to 4% above EURIBOR, accruing on a daily basis until payment is made.

8.7. If You have an account with us at another Premise, we may transfer any credit or debit between Your accounts in order to recover any money You owe us.

8.8. Even during periods of no consumption, whether the meter is energised or de-energised, standing charges will still apply to Your account.

8.9. Further information on billing and payment options can be found in Our Codes of Practice.

9. Our Liability

9.1. In Our role as Your supplier we will not be liable to You for any loss or damage caused arising directly or indirectly from Your electricity supply and the equipment.

9.2. Nothing in this Agreement will exclude or restrict Your or Our liability for death or personal injury resulting from Your or Our negligence.

9.3. We will not be liable to You under this Agreement in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, any loss of revenue, business, contracts, predicted savings or profits.

9.4. If any exclusion or other condition in this Agreement is invalid for any reason and We become liable for loss and damage that could otherwise have been excluded or limited, Our liability will be limited to a maximum sum equal to the total amount of charges and other payments We received from You for the electricity supply.

10. Your Right to End the Agreement

10.1. If You are moving Premises and/ or no longer wish to keep Your electricity account open You must give Us thirty (30) calendar days’ notice in advance of Your leaving the premises (or as otherwise agreed by us) by telephone or by writing to Us (in accordance with Condition 17) and pay the amount due for all electricity used up to the date of such termination and for any other charges and obligations in Your Price Plan or services that

10.2. We have agreed to provide to You under this Agreement. Early termination fees may apply. You will remain liable for any electricity used in the Premises until this notice is given and has expired and You have informed Us of the Meter reading Or You have given access to the DSO to read the Meter.

10.3. In the event that You do not meet the requirements of Condition 11.1 and/or 11.2 You may remain liable for any electricity used until supply is withdrawn or a new account is opened at the Premises.

10.4. The ending of the Agreement will not affect any rights or duties which have accrued to You before the Agreement ends.

10.5. Where the supply of electricity is withdrawn due to Your default, You will pay us all expenses reasonably incurred and the cost of supply withdrawal and of subsequent reconnection, if any, in line with regulated charges and codes of practice.

10.6. Exemption from paying the early termination fee will be granted if You terminate this Agreement with Us on the expected end date of the current term and give Us the written notice of termination in time according to Condition 1.13.

11. Our Right to Withdraw Supply and End the Agreement

We retain the right to remotely de-energise the Smart Meter for non-payment of account. We will make all reasonable efforts to contact You before taking this action. Provided we have followed Our procedures set out in Our Codes or Practice, We may request the DSO to withdraw Your electricity supply if:

11.1. You fail to pay money owing for the electricity we have supplied or any other amount under this Agreement for supplying electricity.

11.2. Your installation or use of electricity interferes with the distribution system or disturbs other customers.

11.3. You extend the supply to someone else who we consider to be a separate customer.

11.4. You do not meet all of Your obligations under these conditions or the Connection Agreement, and fail to put things right.

11.5. If You have used electricity without permission or committed theft of electricity.

11.6. You become insolvent, have a receiver, liquidator or examiner appointed, or enter into an arrangement with Your creditors.

11.7. We need to do so by law.

11.8. Your Connection Agreement ends.

11.9. It is no longer practical to supply electricity for reasons outside Our control.

11.10. You have asked us to.

12. Complaints

You may make a complaint in relation to any issue arising under the Agreement by contacting Our Customer Complaints Team:

By Phone: 0818 363 749

By Post: Pinergy, Suite 1, Beaver House, Beach Hill Office Campus, Clonskeagh Dublin 4, D04 Y8X5, Ireland

By Email: customerservices@pinergy.ie

Website: www.pinergy.ie

Should You need further information about this subject, Our Code of Practice on Complaint Handling is available on Our website at https://pinergy.ie/terms-conditions/code-of-practice-non-household/.

13. Variation of General Conditions

We may amend, vary or add to these Conditions at any time on giving You  fourteen (14) days’ notice. This notice will indicate where You may view or obtain a copy of the new Conditions. If any variation, addition or amendment is unacceptable to You, You may end the Agreement in accordance with Condition 11.1 (the unvaried Conditions applying during the  fourteen (14) days’ notice period) otherwise You will be deemed to have accepted the new Conditions.

14. Deemed Contracts

14.1. These terms are applicable where a Deemed Contract is in place.

14.2. A Deemed Contract will be in place where a premise is no longer subject to a contract for supply of electricity by Pinergy and is connected to a supply under a Deemed Contract.

14.3. A Deemed Contract will commence on the date You take Energy supply from Pinergy.

14.4. The Terms of a Deemed Contract constitute an agreement for the supply of Energy between You and Pinergy.

14.5. Customers supplied under a Deemed Contract are free to enter into a contract of supply with Pinergy or with another supplier.

14.6. Where a Deemed Contract is in place, it will continue until You register and enter into a new contract with Pinergy or You enter into a contract with another provider.

14.7. Under a Deemed Contract You will be charged Pinergy Standard rates and You are responsible for the payment for the Energy supplied.

14.8. Under a Deemed Contract we will issue energy statements based on actual or estimated meter readings which You are liable to pay.

14.9. Where a premise is no longer subject to a contract of supply with Pinergy and is being supplied under a Deemed Contract, it will be at risk of disconnection.

15. Assignment

15.1. You may not assign this Contract or Agreement without Our consent.

15.2. We may, without Your Agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under this Agreement to a party that holds the necessary authorisation(s).

15.3. On such assignment or transfer, we may hand over Your Security deposit and any interest in same to the party mentioned in 15.2 or refund it to You.

16. Notices

Except for price change notices issued under Condition 7.2, we will have given You proper notice:

16.1. If we send the notice by post to Your last known address.

16.2. If we address the notice to some or all customers in an advertisement in a national newspaper. Notices may be included in any other communication we send You.

16.3. You will have given us proper notice if You send the notice by post addressed to us at Our principal office in accordance with detail provided in Condition

17. Contact Details

Our Customer Service Department may be contacted at: By Phone: 0818 363 749

By Post: Pinergy, Suite 1, Beaver House, Beach Hill Office Campus, Clonskeagh, Dublin 4, D04 Y8X5, Ireland

By Email: customerservices@pinergy.ie

Website: www.pinergy.ie

This contact information may be amended or varied from time to time. The up-to-date information in this regard will be displayed on Our website and on Your energy statement.

18. Our Codes of Practice

We have four Codes of Practice relating to Commercial Customers which cover Complaint Handling, Billing, Disconnection, Sign-up, Marketing and Advertising. These documents set out the services and levels of service You can expect, and may be obtained by contacting us in accordance with the detail provided in Condition 17 or accessed on Our website at https://pinergy.ie/terms-conditions/code-of-practice-non-household/.

19. Data Protection Notice

19.1. In order that we may provide You with an effective service, it is necessary for us to collect and use data relating to Your organisation. This data is mainly used to manage Your customer account. In addition, data relating to Your organisation may be used for Our own business purposes which can include credit checking and market research. We may keep Your data for a reasonable period after You cease to be supplied by us, but will not keep it for any longer than is necessary and/or as required by law.

19.2. Should You choose to move Your electricity Account to another supplier (according to the conditions set out in Your supplemental T&Cs) We may disclose details of Your electricity usage and Account history to the acquiring supplier

19.3. We may disclose Your organisation’s data to agents who act on behalf of us in connection with the activities referred to above. Such agents are permitted to use this data only as instructed by us. They are also required to keep Your data safe and secure.

19.4. From time to time You may speak to Our employees (or agents acting on Our behalf) by telephone. To ensure that we provide a quality service, Your telephone conversations may be recorded. We will treat the recorded information as confidential and it will only be used for training/quality control, account management and customer satisfaction purposes or any other purposes mentioned in this Notice

19.5. In order to protect privacy, You may also be asked to provide us with suitable proof of identification.

19.6. If any of Your details are incorrect, please let Us know and we will amend them.

20. Marketing

We, and/or agents acting on behalf of Us may contact You by text message, e-mail, post, telephone or in person with information about products or services (relating to electricity, gas or other products and services, including those offered by third parties) which may be of interest to You.

21. General

21.0. Fairness and transparency are the core of all terms and conditions in this Agreement, written in a way to prevent uncertainty and ambiguity in their meaning.

21.1. The headings in these Conditions are for convenience only and will not affect their interpretation.

21.2. If we waive a breach of the Agreement by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision.

21.3. If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.

21.4. Where You are more than one person or entity, each such person or entity is jointly and severally liable for Your obligations under this Agreement.

22. Events Beyond Our Control

We will not have to carry out any obligation under this Agreement if we are prevented from doing so by any cause beyond Our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour short- age or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.